Legal Question in Family Law in California

Child support is based on a formula that the courts are required to follow. It is based on the income and certain expenses of each party and the custodial time the child(ren) spend with each party. As a result, usually the higher earner pays the lower earner some amount, but not always. If the higher earner has enough custodial time the formula sometimes calls for the lower earner to pay something to the higher earner. If the higher earner winds up with sole custody, the lower earner will definitely have to pay the higher earner some amount. It all depends on the custodial time and the relative incomes.

The income is based on either the self-reported income, if the parties agree it is basically correct, or the parties can have a trial about how much they each really earn. If you want his hidden income to be considered you will have to obtain evidence of how much it is and present that to the court.

I should also add that if you have proof of the domestic violence, there is a statutory presumption that he should not get sole or joint custody, only visitation. But you have to have proof that is admissible evidence in court.